section 22
The High Court may by notification permit a Court of Small Causes to adjourn from time to time for such period not exceeding in aggregate two months in each year.
The Andhra Pradesh (Telangana Area) Small Causes Courts (Amendment) Act, 2005Civil20054 sections
Statutory text
Appointment of vacation Civil Judges Appointment of vacation Civil Judges.
- (1) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908, the High Court may for the duration of the adjournment of any Court of Small Causes in summer vacation, appoint for such Court of Small Causes a Vacation Civil Judge not below the rank of a Chief Judge or Additional Chief Judge. (2)
- (a) The local limits of the jurisdiction of the Vacation Civil Judge shall be the same as that of Chief Judge of the Small Causes Court;
- (b) the jurisdiction of the Vacation Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by, any Small Causes Courts (whether a Court of Chief Judge; a Court of Additional Judge (Senior Civil Judge) or Rent Controller (Junior Civil Judge) in the Unit of Court of Small Causes when such Courts are adjourned for Summer Vacation.
- (3) The place at which the Court of the Vacation Civil Judge shall be held, shall be the same as the place at which the Court of Chief Judge, Small Causes Court concerned may be held. The Vacation Civil Judge shall have such administrative control over the staff of the Courts in the Unit of Small Causes Courts as the High Court may, by general or special order determine.
- (4) Notwithstanding the appointment of the Vacation Civil Judge, every Court in the Unit of Small Causes Courts shall, during the period it is adjourned for summer vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963.
- (5) On the reopening of the Court of Chief Judge, Additional Judge (Senior Civil Judge) or the Rent Controller (Junior Civil Judge) after the Summer Vacation, all suits, appeals and other proceedings pending in the Court of the Vacation, Civil Judge which, but for this section would have been instituted or pending in such Court of Chief Judge, Court of Additional Judge (Senior Civil Judge) or Rent Controller (Junior Civil Judge) as the case may be, shall stand transferred to the Court concerned and any judgement, decree, order or proceeding, passed by the vacation judge shall, after such transfer, be deemed to be a judgement, decree, order or proceeding passed by the court concerned.
- (6) Notwithstanding the provisions of sub-section (5), any appeal from the judgement, decree or order of the Court of Vacation Judge, shall, when such appeal is allowed by law, lie to the High Court.”.
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